Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	case_n	defendant_n	plaintiff_n	1,918	5	10.3007	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A11511	The free schoole of vvarre, or, A treatise, vvhether it be lawfull to beare armes for the seruice of a prince that is of a diuers religion; Quaestio quodlibetica. English	Sarpi, Paolo, 1552-1623.; Bedell, William, 1571-1642.; Brent, Nathaniel, Sir, 1573?-1652.	1625 (1625)	STC 21758; ESTC S116734	27,201	78

And for the Crowne of France the matter is so notorious as that I shall not neede to enlarge my selfe vpon this subiect and besides it hath beene formerly touched If then it bee lawfull by Stories out of the Sacred Scripture for Catholicke Princes to defend and succour the very Infidels themselues much more those that are Christians although not obedient to the Popes of Rome and when they doe really ayde them with money men and munition yet doth not this derogate a iotte from their deuotion or profession of the Catholicke Romane Religion Why may it not likewise bee lawfull for priuate men to defend and ayde that sort of people with their persons and yet bee not onely no sinne but also a worke pious and praise-worthy But if those souldiers bee the naturall subiects of a Catholicke Prince confederated with them and that for common defence and interrest of good Gouernement hee yeelds assistance vnto those Protestant Princes and is thereunto tyed by couenants of allyance the matter is so much the cleerer in regard of the Connexion of a Subiect to his Prince for Subiects are bound by the diuine Law to helpe on the interests of their Soueraigne neither doe they commit any sinne by cooperating and conforming themselues vnto them And hereupon the Confessor hath done great wrong to denie those Gentlemen their absolution but much greater iniurie hath hee in this Case done the Prince himselfe And he well deserues to bee punished because indirectly it must tend to the condemnation of leagues already made and of the succours which shall hereafter bee yeelded vnto them The which action besides that of it selfe it is iniurious and vniust in making that to bee a sinne which is none becomes yet the worse because it is deduced and wrought into Confession And surely the rule of good policie requires that a temeritie and petulancie of that excesse should bee ressented That a religious persons minde should serue him to condemne the Determinations of his Prince which haue beene made according to all the rules of Wisedome and for reasons of good Gouernement of which a priuate man cannot be capable much lesse become a Iudge or Censurer But if absolution could not bee denied by reason of habitation or because they serued in fauour of the Hollanders it might perhaps bee denyed by reason of the iniustice of that warre especially seeing these Gentlemen were not the subiects of the Prince that made the warre and so were no way hereunto commanded but vndertooke it voluntarily and therefore are in the state of sinne This is the last point which I will dispatch very briefely because all the Doctors doe agree That the warre whereby the State that is possest is preserued and therefore a warre defensiue can hardly entertaine a doubt that it is not iust And among the causes which the skilfull in both the Lawes and the Summists also alleage to make the warre iust the necessitie of Defence doth euer ranke it selfe in the first place So that without tedious allegations it will suffice to conclude this businesse with the words of Couarruvias That amongst other reasons which are held most iust whereupon to ground a warre that is aboue them all the best approoued and vnto which all causes else which are alleaged may bee referred or reduced which is vndertaken for the preseruation of the Common wealth and defence of ones owne Dominion or Countries thereunto appertaining for so it tendeth likewise to the defence of a mans owne life and goods This cause then of defence doth exceedingly iustifie the warre because it is fauoured and authorised by the Law of Nature so that a priuate man may assist in a defensiue warre And that the war which the Hollanders make is of this nature that is to say a Defensiue it appeares out of the euidence of the fact because they are those that are inuaded by the armies of the King of Spaine and euer stand on their guard and vpon the Defensiue And it is so farre from question that a Defensiue warre is euer iust except there bee such circumstances to render it vniust as can hardly sinke into a mans imagination that it is an vndeniable doctrine amongst the Lawyers That although the partie assailed haue deserued by his own fault or offence to haue warre made vpon him yet for all that it shall bee lawfull for him to defend himselfe And if in his own defence hee must take armes and fall to blowes yet shall it bee iust in him so to doe not onely by the Law of Nature which teacheh man to repell force with force but also because the omission of a mans necessary defence causeth him to commit his owne life state and honour to the discretion of others and many times of souldiers of whose excesses and vsuall deportments against mens liues honours and goods being no lesse licencious in sacred than in profane matters examples are too too frequent and notorious Moreouer though the war should be mooued for lawfull pretensions Restitutions yet would the defence be iust For the Ciuilian sayth That the Assailant would not bee content with such Restitution as were iust neither could hee containe the furie of his souldiers that they should not passe the measure of iustice And the saying of Liuy is receiued as an Oracle That to him the warre is euer iust vnto whome it is necessarie and it is pious and religious for them to take Armes who haue no hope but in Armes the which euer falleth out in Defensiue warres And if any should from hence make deduction that then the war might be iust on both sides which is denied by the writers of Cases of Conscience I say first that this ought not to seeme so great an inconuenience because they themselues and the best grounded Diuines and Lawyers doe teach That in some Cases the warre may be iust on both parts On the one out of Truth on the other Juris praesumptione For warre betweene those that know no Superiour is like a suit in Law and as it is impossible that both the litigant parties should haue reason on their side and yet both of them may haue a iust cause to sue because it appeareth not on which side reason standeth vntill the Iudge by his sentence shall decide it And yet in this Case no man will euer make doubt that the Defendant ought not to repaire to the Court whereunto hee is drawne but all the doubt will rest on the Plaintifes side So in a war betweene Soueraigne Princes as in a suit although both parties cannot haue equall iustice in the Cause yet may they both haue iust occasion to commence it for it may bee doubtfull on which side the reason resteth but it will bee cleere that the Assailed makes a iust warre and the question cannot fall but on the Aggressor And to speake truth it is a fancy which mens braines doe frame vnto themselues but reason doth no way comply with it That any man should take